Enforcement
Land and Conveyancing Law Reform Act 2009
Abolition of the Rule in Bain v. Fothergill.
53.- (1) The rule of law restricting damages recoverable for breaches of contract occasioned by defects in title to land (known as the Rule in Bain v. Fothergill) is abolished.
(2) Subsection (1) applies only to contracts made after the commencement of this Chapter.
Order for return of deposit.
54.- Where the court refuses to grant specific performance of a contract for the sale or other disposition of land, or in any action for the return of a deposit, the court may, where it is just and equitable to do so, order the repayment of the whole or any part of any deposit, with or without interest.